HomeMy WebLinkAboutResolution 3632 Deed for W Babcock Street
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COMMISSION RESOLUTION NO. 3632
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, RELATING TO THE RECORDING OF A DEED OF LAND PURCHASED
UNDER THE THREAT OF CONDEMNATION OF PROPERTY LOCATED ALONG
WEST BABCOCK STREET BETWEEN WEST MAIN STREET AND FERGUSON
AVENUE; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO
HAVE THE CITY ENGINEER RECORD THIS DEED PURSUANT TO fi76~3~201 (1 )(a)
MCA.
WHEREAS, West Babcock Street is currently approximately 60 feet wide and was originally
constructed as a county road without any rights of way dedicated or easements granted for use along
its corridor; and
WHEREAS, the Bozeman Urban Transportation Plan 1993 Update, and the Greater Bozeman
Area Transportation Plan 2001 Update designate this section of West Babcock Street as a collector
street thus requiring the street to widened and additional right of way to be purchased; and
WHEREAS, in 2001, the City of Bozeman entered into an agreement with an appraiser to
appraise the properties along West Babcock Street and acquire the necessary rights of way and
easements needed to improve West Babcock Street to state and national standards; and
WHEREAS, the City of Bozeman has purchased property from a property owner under threat
of condemnation as set forth in Title 70, Chapter 30 of Montana Code Annotated and wishes to record
said deed; and
WHEREAS, 976-3-201 (1 )(a), Montana Code Annotated, establishes an exemption to
subdivision requirements provided the property is purchased under threat of condemnation; and
WHEREAS, the Gallatin County Clerk and Recorder has refused to record said deed without
additional assurance that the City does, indeed, fall under this exception to subdivision requirements and
the property was purchased under threat of condemnation, thus falling under this exception.
BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, as follows:
Section 1
That the City of Bozeman has determined that additional right of way along West Babcock
Street is necessary in order to widen the road for safe vehicular traffic and add additional sidewalk for
safe pedestrian traffic. The City hired an appraiser and a negotiator for the purpose of appraising the
property and negotiating a purchase price. All negotiations were conducted under Title 70, Chapter 30
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of the Montana Code Annotated, entitled "Eminent Domain." Under this negotiation process, the City
purchased property from the property owner listed below:
William F. Buck, Sr., 321 Wickiup Drive, Florence, Montana 59833, for 101 Wilda
Lane, Bozeman, Montana 59718.
Section 2
That because the City of Bozeman purchased the property under threat of condemnation, the
City of Bozeman hereby claims the exemption set forth in ~76-3-201 (1 )(a), Montana Code Annotated
and, thus, is exempt from all requirements set forth in Title 76 for all of the properties listed in Section
1.
Section 3
That the City Engineer, Richard Hixson, is hereby authorized to record this resolution
concurrently with the referenced deed under said exemption.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular meeting thereof held on the 6th day of October 2003.
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, Iii CO. \." :~VED AS TO FORM:
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City Attornr "'
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Shelley Vance-Gallatin Cc MT MISe 12,00 '
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